Smuda et al v. Teachers Insurance and Annuity Association of America
Consolidated
Lead case: 1:23-md-03083
Lead case: 1:23-md-03083
| Massachusetts District Court | |
| Judge: | Allison D Burroughs |
| Case #: | 1:23-cv-12773 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 |
| Case Filed: | Nov 15, 2023 |
| Case in other court: | New York Southern, 1:23-cv-07020 |
| Last checked: Monday May 13, 2024 4:27 AM EDT |
|
Defendant
Teachers Insurance and Annuity Association of America
|
Represented By
|
|
Plaintiff
Steven Checchia
|
Represented By
|
|
Plaintiff
Gwendolyn Smuda
|
Represented By
|
GPO
Dec 12 2024
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 19 (Order on Defendants Rule 12(b)(1) Motion to Dismiss for Lack of Article III Standing)Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
| Docket last updated: 12 hours ago |
| Thursday, December 12, 2024 | ||
| 36 | 36
38
pgs
order
Order ~Util - Terminate Motions
Thu 12/12 10:52 AM
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 19 (Order on Defendants Rule 12(b)(1) Motion to Dismiss for Lack of Article III Standing) Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
|
| Tuesday, December 10, 2024 | ||
| 35 | 35
notice
Notice of Appearance
Tue 12/10 2:58 PM
NOTICE of Appearance by Jeffrey Tsai on behalf of Progress Software Corporation, Ipswitch, Inc. Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
|
| Wednesday, November 06, 2024 | ||
| 34 | 34
2
pgs
order
Order
Wed 11/06 6:19 PM
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 18 (CAC and Rule 12 Scheduling and Structure Proposals) Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
|
| Sunday, August 11, 2024 | ||
| 33 | 33
notice
Notice of Voluntary Dismissal
Sun 08/11 5:03 PM
NOTICE of Voluntary Dismissal by Gwendolyn Smuda (Ostrow, Jeff) |
|
| Thursday, July 11, 2024 | ||
| 32 | 32
misc
Corporate Disclosure Statement
Thu 07/11 10:09 AM
CORPORATE DISCLOSURE STATEMENT by Pension Benefit Information, LLC identifying Corporate Parent Longevity Holdings Inc. for Pension Benefit Information, LLC.. (Gardner, Paulyne) |
|
| Wednesday, July 10, 2024 | ||
| 31 | 31
service
Waiver of Service Executed
Wed 07/10 2:16 PM
WAIVER OF SERVICE Returned Executed by Gwendolyn Smuda. Progress Software Corporation waiver sent on 7/5/2024, answer due 9/3/2024. (Johnson, Kristen) |
|
| Monday, July 08, 2024 | ||
| 30 | 30
service
Waiver of Service Executed
Mon 07/08 4:44 PM
WAIVER OF SERVICE Returned Executed by Gwendolyn Smuda, Steven Checchia. Pension Benefit Information, LLC waiver sent on 7/5/2024, answer due 9/3/2024. (Johnson, Kristen) |
|
| Tuesday, June 25, 2024 | ||
| 29 | 29
notice
Notice of Appearance
Tue 06/25 8:47 AM
NOTICE of Appearance by Jordan S. O'Donnell on behalf of Pension Benefit Information, LLC (O'Donnell, Jordan) |
|
| 28 | 28
notice
Notice of Appearance
Tue 06/25 8:24 AM
NOTICE of Appearance by Paulyne Gardner on behalf of Pension Benefit Information, LLC (Gardner, Paulyne) |
|
| Wednesday, June 12, 2024 | ||
| 27 | 27
47
pgs
cmp
Amended Complaint
Wed 06/12 6:45 PM
AMENDED COMPLAINT against Teachers Insurance and Annuity Association of America, filed by Steven Checchia, Gwendolyn Smuda.(Johnson, Kristen) |
|
| Thursday, February 01, 2024 | ||
| 26 | 26
notice
Notice of Appearance
Thu 02/01 11:49 AM
NOTICE of Appearance by Steven Sukert on behalf of Steven Checchia, Gwendolyn Smuda (Sukert, Steven) |
|
| 25 | 25
notice
Notice of Appearance
Thu 02/01 11:47 AM
NOTICE of Appearance by Jeffrey E. Ostrow on behalf of Steven Checchia, Gwendolyn Smuda (Ostrow, Jeffrey) |
|
| Thursday, November 30, 2023 | ||
| 24 | 24
notice
Notice - Other
Thu 11/30 9:50 AM
ELECTRONIC NOTICE: Remote access to today’s hearing will be made available to the media and public for viewing purposes only . In order to gain access to the hearing, you must sign up at the following address:[LINK:https://forms.mad.uscourts.gov/courtlist.html] . For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on [LINK:www.mad.uscourts.gov] or contact [LINK:media@mad.uscourts.gov] . Status Conference set for 11/30/2023 02:00 PM in Courtroom 17 (In person only with remote viewing available) before Judge Allison D. Burroughs. Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
|
| Wednesday, November 29, 2023 | ||
| 23 | 23
notice
Notice of Appearance
Wed 11/29 4:53 PM
NOTICE of Appearance by James D. Houghton on behalf of Teachers Insurance and Annuity Association of America (Houghton, James) |
|
| Friday, November 17, 2023 | ||
| 22 | 22
notice
Notice - Other
Fri 11/17 1:45 PM
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 1 (General Provisions) (McManus, Caetlin) |
|
| Wednesday, November 15, 2023 | ||
| 21 | 21
notice
Notice re: MDL Case Transferred
Wed 11/15 11:33 AM
NOTICE TO ALL COUNSEL: Pursuant to CTO Number 1 entered in MDL No. 3083, Southern District of New York case number 1:23-cv-07020 has been transferred to the District of Massachusetts and assigned civil action number: 1:23-cv-12773. In Re: MOVEit Customer Data Security Breach Litigation, MDL 3083 (Danieli, Chris) |
|
| 20 | 20
notice
Notice of Case Assignment
Wed 11/15 11:30 AM
ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. (Danieli, Chris) |
|
| 19 | 19
transfer
Case Transferred In - District Transfer
Wed 11/15 11:29 AM
Case transferred in from District of New York Southern; Case Number 1:23-cv-07020. |
|
| Thursday, November 02, 2023 | ||
| 18 | 18
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - District of Massachusetts. (Signed by MDL Panel on 10/16/2023) (vba)
|
|
| MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - District of Massachusetts.(vba) | ||
| Wednesday, October 04, 2023 | ||
| Case Stayed (yv) | ||
| Wednesday, September 20, 2023 | ||
| 17 | 17
ORDER FOR ADMISSION PRO HAC VICE granting (18) Motion for Rebecca Harlow to Appear Pro Hac Vice in case 1:23-cv-06944-LAK; granting (16) Motion for Rebecca Harlow to Appear Pro Hac Vice in case 1:23-cv-06956-LAK; granting (14) Motion for Rebecca Harlow to Appear Pro Hac Vice in case 1:23-cv-07020-LAK; granting (15) Motion for Rebecca Harlow to Appear Pro Hac Vice in case 1:23-cv-07407-LAK; granting (10) Motion for Rebecca Harlow to Appear Pro Hac Vice in case 1:23-cv-07437-LAK. The motion of Rebecca Harlow for admission to appear pro hac vice in the above captioned matters is granted. IT IS HEREBY ORDERED that Rebecca Harlow is admitted to practice pro hac vice in the above captioned cases in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Judge Lewis A. Kaplan on 9/20/23) Filed In Associated Cases: 1:23-cv-06944-LAK, 1:23-cv-06956-LAK, 1:23-cv-07020-LAK, 1:23-cv-07407-LAK, 1:23-cv-07437-LAK (yv)
|
|
| 16 | 16
ORDER FOR ADMISSION PRO HAC VICE granting (17) Motion for Aravind Swaminathan to Appear Pro Hac Vice in case 1:23-cv-06944-LAK; granting (15) Motion for Aravind Swaminathan to Appear Pro Hac Vice in case 1:23-cv-06956-LAK; granting (13) Motion for Aravind Swaminathan to Appear Pro Hac Vice in case 1:23-cv-07020-LAK; granting (14) Motion for Aravind Swaminathan to Appear Pro Hac Vice in case 1:23-cv-07407-LAK; granting (9) Motion for Aravind Swaminathan to Appear Pro Hac Vice in case 1:23-cv-07437-LAK. The motion of Aravind Swaminathan for admission to appear pro hac vice in the above captioned matters is granted. IT IS HEREBY ORDERED that Aravind Swaminathan is admitted to practice pro hac vice in the above captioned cases in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Judge Lewis A. Kaplan on 9/20/23) Filed In Associated Cases: 1:23-cv-06944-LAK, 1:23-cv-06956-LAK, 1:23-cv-07020-LAK, 1:23-cv-07407-LAK, 1:23-cv-07437-LAK (yv)
|
|
| Tuesday, September 19, 2023 | ||
| 15 | 15
SUMMONS RETURNED EXECUTED. Teachers Insurance and Annuity Association of America served on 9/6/2023, answer due 9/27/2023. Document filed by Gwendolyn Smuda; Steven Checchia..(Shamis, Andrew)
|
|
| Monday, September 18, 2023 | ||
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Rebecca Harlow to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number NYSDC-28297364. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) | ||
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (9 in 1:23-cv-07437-LAK, 14 in 1:23-cv-07407-LAK, 17 in 1:23-cv-06944-LAK, 13 in 1:23-cv-07020-LAK, 15 in 1:23-cv-06956-LAK) MOTION for Aravind Swaminathan to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28297213. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:23-cv-06944-LAK, 1:23-cv-06956-LAK, 1:23-cv-07020-LAK, 1:23-cv-07407-LAK, 1:23-cv-07437-LAK(va) | ||
| Friday, September 15, 2023 | ||
| 14 | 14
MOTION for Rebecca Harlow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-28297364. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teachers Insurance and Annuity Association of America, Teachers Insurance and Annuity Association of America.Filed In Associated Cases: 1:23-cv-06944-LAK, 1:23-cv-06956-LAK, 1:23-cv-07020-LAK, 1:23-cv-07407-LAK, 1:23-cv-07437-LAK.(Harlow, Rebecca) Modified on 9/18/2023 (va).
|
|
|
Att: 1
Affidavit Affidavit of Rebecca Harlow in Support of Motion to Admit Counsel Pro Hac Vice,
|
||
|
Att: 2
Exhibit Certificate of Good Standing California Supreme Court,
|
||
|
Att: 3
Proposed Order Proposed Order for Admission Pro Hac Vice
|
||
| 13 | 13
MOTION for Aravind Swaminathan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-28297213. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teachers Insurance and Annuity Association of America, Teachers Insurance and Annuity Association of America.Filed In Associated Cases: 1:23-cv-06944-LAK, 1:23-cv-06956-LAK, 1:23-cv-07020-LAK, 1:23-cv-07407-LAK, 1:23-cv-07437-LAK.(Swaminathan, Aravind) Modified on 9/18/2023 (va).
|
|
|
Att: 1
Affidavit Affidavit of Aravind Swaminathan in Support of Motion to Admit Counsel Pro Hac Vice,
|
||
|
Att: 2
Exhibit Certificate of Good Standing Massachusetts Supreme,
|
||
|
Att: 3
Exhibit Certificate of Good Standing Washington State,
|
||
|
Att: 4
Proposed Order Proposed Order for Admission Pro Hac Vice
|
||
| 12 | 12
CASE SCHEDULE: WHEREAS, the Parties propose, subject to Court approval, that the Related Actions proceed on the following schedule: 1. Plaintiffs shall file a consolidated complaint no later than thirty (30) days following resolution of the Amended Motion for Appointment of Interim Class Counsel; 2. Defendant shall respond to the consolidated complaint no later than forty-five (45) days after it is filed; 3. If the responsive pleading is a motion to dismiss: a. Plaintiffs shall file their opposition to the motion to dismiss, thirty (30) days after the filing of the motion to dismiss; and b. Defendant shall file its reply in support the motion to dismiss twenty-one (21) days after the filing of Plaintiffs' opposition to the motion to dismiss; c. The parties agree to stay the scheduling of a Rule 26(f) conference until thirty (30) days after the filing of Defendant's reply in support of the motion to dismiss. Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/15/2023) Filed In Associated Cases: 1:23-cv-06944-LAK, 1:23-cv-06956-LAK, 1:23-cv-07020-LAK, 1:23-cv-07407-LAK, 1:23-cv-07437-LAK (tg)
|
|
| Wednesday, September 13, 2023 | ||
| 11 | 11
PROPOSED SCHEDULING ORDER. Document filed by Teachers Insurance and Annuity Association of America, Teachers Insurance and Annuity Association of America..(Shapiro, Marc)
|
|
| Thursday, August 31, 2023 | ||
| 9 | 9
WAIVER OF SERVICE RETURNED EXECUTED. Teachers Insurance and Annuity Association of America waiver sent on 8/30/2023, answer due 10/30/2023. Document filed by Gwendolyn Smuda; Steven Checchia..(Ostrow, Jeffrey)
|
|
| CASE ACCEPTED AS RELATED. Create association to 1:23-cv-06944-LAK. Notice of Assignment to follow. (sgz) | ||
| NOTICE OF CASE REASSIGNMENT to Judge Lewis A. Kaplan. Judge Valerie E. Caproni is no longer assigned to the case. (sgz) | ||
| Magistrate Judge Ona T. Wang is so redesignated. (sgz) | ||
| Wednesday, August 30, 2023 | ||
| 10 | 10
STIPULATION AND ORDER. IT IS ACCORDINGLY STIPULATED AND AGREED that: The Related Actions will be consolidated. Upon being related and assigned to the same judge as the Related Actions, the Additional Related Actions will be ordered consolidated with Jentz and Lopez. Within 14 days of consolidation of all five cases, the parties will file with the Court a case schedule that sets forth deadlines for an amended, consolidated complaint; TIAA's responsive pleading; and appointment of interim lead class counsel. IT IS SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/30/23) (yv)
|
|
| 8 | 8
STATEMENT OF RELATEDNESS re: that this action be filed as related to 23-cv-06944. Document filed by Teachers Insurance and Annuity Association of America..(Shapiro, Marc)
|
|
| 7 | 7
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent TIAA Board of Governors for Teachers Insurance and Annuity Association of America. Document filed by Teachers Insurance and Annuity Association of America..(Shapiro, Marc)
|
|
| 6 | 6
NOTICE OF APPEARANCE by Marc Shapiro on behalf of Teachers Insurance and Annuity Association of America..(Shapiro, Marc)
|
|
| CONSOLIDATED MEMBER CASE: Create association to 1:23-cv-06944-LAK. (yv) | ||
| Thursday, August 10, 2023 | ||
| 5 | 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/20/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 8/10/2023) (tg)
|
|
| 4 | 4
ELECTRONIC SUMMONS ISSUED as to Teachers Insurance and Annuity Association of America. (vf)
|
|
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew Shamis. The party information for the following party/parties has been modified: Gwendolyn Smuda, Steven Checchia. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) | ||
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew Shamis. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 1 (Citizen of This State); Dollar Demand Blank; County code New York. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Dollar Demand has been modified to 5,000,000; the County code has been modified to XX Out of State. (vf) | ||
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vf) | ||
| Magistrate Judge Valerie Figueredo is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vf) | ||
| Case Designated ECF. (vf) | ||
| Wednesday, August 09, 2023 | ||
| 3 | 3
CIVIL COVER SHEET filed..(Shamis, Andrew)
|
|
| 2 | 2
REQUEST FOR ISSUANCE OF SUMMONS as to Teachers Insurance and Annuity Association of America, re:1 Complaint. Document filed by Steven Checchia, Gwendolyn Smuda..(Shamis, Andrew)
|
|
| 1 | 1
41
pgs
COMPLAINT against Teachers Insurance and Annuity Association of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-28125129)Document filed by Gwendolyn Smuda, Steven Checchia..(Shamis, Andrew)
|
|